Caysea Contr. Corp. v Massa Constr., Inc.

Caysea Contr. Corp. v Massa Constr., Inc. 2017 NY Slip Op 06741 Decided on September 29, 2017 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 29, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
956 CA 16-02275

[*1]CAYSEA CONTRACTING CORP., PLAINTIFF-RESPONDENT,

v

MASSA CONSTRUCTION, INC., DEFENDANT-APPELLANT, INTERNATIONAL FIDELITY INSURANCE, AND DUNDEE CENTRAL SCHOOL DISTRICT, DEFENDANTS.

SHEATS & BAILEY, PLLC, BREWERTON (JASON B. BAILEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (MARK C. DAVIS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Ontario County (Matthew A. Rosenbaum, J.), entered October 3, 2016. The order denied the motion of defendants Massa Construction, Inc., and International Fidelity Insurance seeking to dismiss plaintiff's complaint as against them.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that defendant International Fidelity Insurance did not take an appeal from the order (see CPLR 5515 [1]) and, therefore, any contentions raised by it are beyond our review (see Hecht v City of New York, 60 NY2d 57, 61; Matter of Sheldon v Jaroszynski, 142 AD3d 762, 762-763).

Entered: September 29, 2017

Mark W. Bennett

Clerk of the Court